DRAFT_Magnolia Condos EasementFor Grantee’s Internal Use:
Work Order #: 36084397 1
Prepared by: Duke Energy Indiana, LLC
Return to: Duke Energy Indiana, LLC
Attn: Jamie Stevens
1000 E Main St. Mail Code: WP989
Plainfield, IN 46168
Parcel # 29-10-31-112-007.000-018
EASEMENT
State of Indiana
County of Hamilton
THIS EASEMENT (“Easement”) is made this day of 20 , from
MAGNOLIA CONDOS LLC, an Indiana limited liability company (“Grantor”, whether one or more),
to DUKE ENERGY INDIANA, LLC, an Indiana limited liability company (“Grantee”).
Grantor, for and in consideration of the sum of One and 00/100 Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant
unto Grantee a perpetual and non-exclusive easement, to construct, reconstruct, operate, patrol, maintain,
repair, replace, relocate, add to, modify, and remove electric and communication lines including, but not
limited to, all necessary supporting structures, and all other appurtenant apparatus and equipment for the
transmission and distribution of electrical energy, and for technological purposes related to the operation
of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers
(collectively, “Facilities”). Grantor is the owner of that certain property described in Hamilton County,
State of Indiana; being a part of Lots 65 and 66 in Newark and part of Lot No. 64 in Newark Village, a
tract as recorded in Deed Record 119, Pages 7-9, and also Instrument Number 2019065651 , in the
Office of the Recorder of Hamilton County, Indiana (“Property”). The Facilities shall be underground,
except as needed on or above the ground to support the underground Facilities, and located in, upon,
along, under, through, and across a portion of the Property within an easement area described as follows:
A strip of land fifteen feet (15’) in uniform width, lying equidistant on both sides of a centerline, which
centerline shall be established by the center of the Facilities as installed, along with an area ten feet (10’)
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For Grantee’s Internal Use:
Work Order #: 36084397 2
wide on all sides of the foundation of any Grantee enclosure/transformer, vault and/or manhole, and as
generally shown on Exhibit “A”, attached hereto and becoming a part hereof (hereinafter referred to as
the “Easement Area”).
The rights granted herein include, but are not limited to, the following:
1. Grantee shall have the right of ingress and egress over the Easement Area, Property, and any
adjoining lands now owned or hereinafter acquired by Grantor (using lanes, driveways, and
adjoining public roads where practical as determined by Grantee).
2. Grantee shall have the right to cut down, clear, trim, remove, and otherwise control any trees,
shrubs, overhanging branches, and/or other vegetation upon or over the Easement Area. Grantee
shall also have the right to cut down, clear, trim, remove, and otherwise control any trees, shrubs,
overhanging branches, and/or other vegetation which are immediately adjacent to the Easement
Area but only to the extent such vegetation may endanger, as reasonably determined by Grantee,
the safe or reliable operation of the Facilities, or where such vegetation is trimmed consistent
with generally accepted arboricultural practices.
3. Grantee shall have the right to trim, cut down, and remove from the Property, at any time or times
and using safe and generally accepted arboricultural practices, dead, diseased, weak, dying, or
leaning trees or limbs, which, in the opinion of Grantee, might fall upon the Easement Area or
interfere with the safe and reliable operation of the Facilities.
4. Intentionally omitted.
5. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to
conform to any future highway or street relocation, widening, or alterations, so long as the
location of any such relocation Facilities and/or Easement Area is reasonably acceptable to
both Grantor and Grantee.
6. Notwithstanding anything to the contrary contained herein, Grantor shall not without the prior
written consent of Grantee (a) construct or install, or permit the construction or installation of
any building, house, or other above-ground structure, or portion thereof, upon the Easement
Area; or (b) excavate or place, or permit the excavation or placement of any dirt or other
material upon or below the Easement Area, a pond, lake, or similar containment vehicle that
would result in the retention of water in any manner within the Easement Area. Grantee shall
have the right to remove any such structure, improvement, facility, or obstruction at the
expense of Grantor.
7. Excluding the removal of vegetation, structures, improvements, facilities, and obstructions as
provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the
surface area of the Easement Area and Property resulting from the exercise of the rights granted
herein to Grantee. Such repair shall be to a condition which is reasonably close to the condition
prior to the damage, and shall only be to the extent such damage was caused by Grantee or its
contractors or employees.
8. Intentionally omitted.
9. All other rights and privileges reasonably necessary, in Grantee’s sole discretion, for the safe,
reliable, and efficient installation, operation, and maintenance of the Facilities.
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The terms Grantor and Grantee shall include the respective heirs, successors, and assigns of
Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce any of the
rights herein granted shall not be construed as a waiver or abandonment of the right thereafter at any time,
or from time to time, to exercise any and all such rights.
TO HAVE AND TO HOLD said rights, privilege, and easement unto Grantee, its successors,
licensees, and assigns, forever. Grantor warrants and covenants that Grantor has the full right and
authority to convey to Grantee this perpetual Easement, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of the same.
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For Grantee’s Internal Use:
Work Order #: 36084397 4
IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective this day
of , 20 .
MAGNOLIA CONDOS LLC
an Indiana limited liability company
Signed Name
Printed Name
STATE OF
COUNTY OF
)
) ss:
)
Title
This certificate relates to an acknowledgment in connection with which, no oath or affirmation was
administered to the document signer.
The foregoing instrument was acknowledged before me, a notary public in the county and state
written above this day of , 20 by
, as of MAGNOLIA
CONDOS LLC, a limited liability company, organized under the laws of Indiana, on behalf of such
limited liability company.
WITNESS my hand and official seal dated , 20 .
SEAL:
Signed:
Printed or Typed Name:
Commission Expires:
My County of Residence:
My Commission Number:
This instrument prepared by John Scheidler, Attorney-at-Law, 1000 E. Main St, Plainfield, IN 46168.
I affirm, under the penalties of perjury, that I have taken reasonable care to redact each Social Security number in this
document, unless required by law. Jamie Stevens
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